Last Will & Testament Lawyers in Salem

Does a Will Avoid Probate in Oregon?

No. A will should be filed with the probate court after your death. However, without a will, the probate process can be complicated. Having a last will and testament can save your loved ones time, money, and headaches. Our lawyers can help you understand how probate works in Oregon and help you with the process every step of the way.

What are the Legal Requirements for a Will in Oregon?

Knowing how to write a last will and testament so it adheres to the law is vital. Generally, for a will to be valid under Oregon law, it must be:

• In writing
• Signed by the testator (creator of the will)
• Signed by two adult witnesses to attest to the signing of the will

You must be at least 18 years old and of sound mind to write a will in Oregon. If you are an emancipated or married minor, you may make a will before turning 18. Although a will does not have to be notarized in Oregon, if you want it to be self-proving, a notary is required.

A self-proving will can be accepted by the probate court without contacting the witnesses who signed it, which can expedite the probate process. A will that was created in another state is valid in Oregon as long as it was written according to the laws of that state. 

Should I Update My Will?

It’s important to keep your estate plan up to date, especially after life events like the birth of a child, marriage, divorce, or a change in financial circumstances. You can change your will at any time and should review it with your attorney at least every three years.

Why You Need an Estate Planning Attorney to Write Your Will

There are many do-it-yourself websites that claim you can write a legally sound will by yourself, but creating a will without the guidance of an experienced estate planning lawyer can be disastrous. There are many scenarios you may not have even imagined that can affect the distribution of your estate and have a negative impact on your loved ones.

Our attorneys provide an objective perspective you can trust when it comes to choosing an executor, maximizing your assets for beneficiaries, and including important details specific to your situation. 

You can count on our compassionate attorneys to help create, maintain, and implement your last will and testament. Call our Salem office at (971) 318-5516 or reach out online.